Eloise Power has represented the GDC in a hearing concerning challenges to IOC decisions under s32 of the Dentists Act.
The hearing established that the IOC and Court’s function in relation to an interim order is one of risk assessment and that there is no threshold specified in the legislation.
In his judgment, Warby J stated:
“I accept the submission of Miss Power that the function of the IOC and the court in relation to an interim order is one of risk assessment. This necessarily requires that attention is paid to the nature of the allegations and the evidence which is relied upon to support them. The fact that it is an exercise of risk assessment cannot justify the court ignoring the need to pay attention to the quality of the evidence and the possibility or prospect that it may not be sufficient to justify the view that there is a risk. But there is no threshold specified in the legislation other than the need to protect the public, the public interest and, where applicable, the interests of the registrant. It is not a question of the threshold of a prima facie case.”
Please click here to read the full judgment.
We are delighted to announce that David Lawson has joined Serjeants’ Inn Chambers this month.
David has an established practice in education law, local government, public law and human rights and the Court of Protection. Recent work has included judicial reviews of local authorities, universities, discrimination claims, advising on school regulation and appeals concerning Education, Health and Care Plans. He is involved in a number of cases relating to reductions in public services and has appeared in several joint Court of Protection and judicial review challenges.
David is a valuable addition to our public law team and his practice fits well with our expertise in the Court of Protection, health care and regulatory fields. He is the fourth established practitioner to join us this year and his arrival reflects our ongoing commitment to building the expertise and service we offer to our clients.
On 19th May 2015, at the conclusion of a sensational case at the GMC, the careers of two promising young doctors were saved .
The doctors had obtained overseas convictions in Spain for an offence of assault, arising from events during a stag weekend in Barcelona. Under the rules of the Fitness to Practise Panel they were unable to go behind the overseas convictions. The panel, however, heard compelling evidence that threw serious doubt upon the fairness of the proceedings giving rise to the convictions and concluded that the fitness to practise of neither doctor was impaired.
The panel further concluded that, in the exceptional circumstances of the case, a warning was neither necessary or appropriate.
The case received widespread publicity in the national and local press.
The doctors were represented by Andrew Hockton, instructed by Katie Costello of BLM, Manchester and Kate Williams of RadcliffesLeBrasseur, Leeds.
Christopher Johnston QC has represented an 11-year-old claimant who suffered brain damage following his birth.
The boy was born with abnormally low blood sugar levels which were not monitored or treated.
Speaking at the High Court hearing, Christopher said:
“He now has the mind of a six-year-old with no prospect of improvement [and] is someone who will require care and support for the rest of his life.”
The settlement comprised a £1.45m lump sum plus index-linked periodical payment orders (PPOs) for care, case management, therapies and loss of earnings. On a traditional 2.5% discount rate multiplier approach the settlement was worth about £6.6m, but if the Claimant lives as long as expected this will equate to £13m in index-linked payments over his life span.